Patna High CourtCR. MISC./56529/2024bail granted

Saroj Paswan v. The State Of Bihar

2024-08-02Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56529 of 2024 Arising Out of PS. Case No.-33 Year-2024 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Saroj Paswan Son of Nathuni Paswan Resident of Vill- Raisingha, P.S.- Muffasil, District- East Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 02-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Muffasil P.S Case No. 33 of 2024 registered for the offences punishable under Sections 414 of the I.P.C and under Sections 30(a), 32, 41 (1) of the Bihar Prohibition and Excise Amendment Act, 2022.

3. As per prosecution case, total 190.83 litre illicit liquor was recovered.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is further submitted that no incriminating article has been

Patna High Court CR. MISC. No.56529 of 2024(2) dt.02-08-2024 2/2 recovered from the conscious possession of the petitioner. On perusal of seizure list there is no independent witness and co-accused has already granted bail by this Court in Cr. Misc. No. 15751 of 2024. It is also submitted that petitioner is in judicial custody since 01.07.2024 and he has got no criminal antecedent.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.1, East Champaran at Motihari in connection with Muffasil P.S Case No. 33 of 2024.

(Ramesh Chand Malviya, J) Mayank/- U T